Skip to main content

Criminal charges can be altered at any stage of trial: Delhi HC

The Delhi high court has held that lower courts have "comprehensive" power to alter or add charges in a criminal case at any stage of trial prior to the pronouncement of judgement.

"The court has ample power to amend or alter a charge only with a condition that it should give full opportunity to the accused to make out his defence," a bench of justices Kailash Gambhir and Indermeet Kaur said.

Referring to a provision of Code of Criminal Procedure, it said, "This section (216) invests comprehensive power in the court to remedy the defects in the framing or non-framing of a charge, whether discovered at the initial stage of the trial or at any subsequent stage prior to judgement.

"If there is any omission in the charge framed at the commencement of trial and the omission is discovered at any time before giving the judgement, that omission can be remedied under this section and an appropriate charge may be framed," the bench said.

The observations came in a verdict on a set of appeals filed against convictions under sections 304B (dowry death) and 498A (subjecting a woman to cruelty) of the IPC in a case.

It was alleged that Yash Jain, along with his parents Veena Jain and Subhash Jain and brother-in-law Prashant Jain, had caused death of his 28-year-old wife Shalu on January 23, 1998, within two-and-half years of the marriage for dowry.

The lower court had awarded life imprisonment to Yash and varying jail terms to the other convicts.

Ordering a de-novo trial of the accused by adding fresh and harsher charge of murder under Section 302 of the IPC, the high court came down heavily on the trial judge for not amending the charges despite having prima facie evidence in the case.

"Even after being empowered with such vast power, we fail to comprehend why such an injudicious approach was adopted by the learned trial court.

"The learned trial court had perhaps forgotten that fair and proper trial is at the core of our judicial system to reach the ultimate goal of dispensation of justice between the parties. It is the first and foremost duty of every court to see that neither any innocent man is punished nor any guilty person escapes...," it said.

Article referred: http://articles.timesofindia.indiatimes.com/2014-01-12/india/46112382_1_trial-judge-delhi-high-court-life-imprisonment

Comments

Most viewed this month

Valuation Report of Jewellery once made is effective for Four Assessment Years

The division Bench of the Delhi High Court in Pr.Commissioner of Wealth Tax vs. Raghu Hari Dalmia held that a valuation report made by a registered valuer once adopted shall be in effect for four assessment years unless an event has occurred whereby the value is increased or decreased. The High Court made it clear that the event of “search” under Section 132 of the Income Tax Act, 1961 cannot compel the assessee to undertake a fresh valuation.

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Mere Agreement To Sell The Leased Property To Tenant Would Not Terminate Landlord-Tenant Relationship

In CIVIL APPEAL Nos. 1237­1238 OF 2019, Dr. H.K. Sharma vs Shri Ram Lal, the tenant had objected against the eviction suit filed by the landlord, claiming that the landlord-tenant relationship between them had ceased to exist by virtue of an agreement for sale entered between them and that he has already paid some money in advance based on the agreement. The tenant contented as the landlord-tenant relationship did not exist, the landlord cannot evict him. The matter went through various forums and finally landed before the Supreme Court in appeal. The Supreme Court referring to the judgment in Shah Mathuradas Maganlal & Co. vs. Nagappa Shankarappa Malage & Ors., held that in the instant case the lease agreement included no clauses on the fate of the tenancy. A fortiori, the parties did not intend to surrender the tenancy rights despite entering into an agreement of sale of the tenanted property. In other words, if the parties really intended to surrender their tenancy ...